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Commercial Litigation Insolvency

White and Williams LLP

Uniform Law Commission Approves Uniform Assignment for Benefit of Creditors Act

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At its recently concluded annual meeting, the Uniform Law Commission (ULC) voted final approval of the Uniform Assignment for Benefit of Creditors Act (“Act”). Set forth below is a short discussion of “ABCs” as they...more

Blake, Cassels & Graydon LLP

Un tribunal albertain applique l’arrêt Petrowest pour suspendre un arbitrage en faveur d’une procédure de mise sous séquestre

Le 26 mai 2025, la Cour du Banc du Roi de l’Alberta (la « CBRA ») a suspendu un projet d’arbitrage en faveur d’une procédure de mise sous séquestre en cours dans l’affaire Mayfield Investments Ltd (Re). C’était la première...more

Conyers

Bermuda Supreme Court Sanctions Pre-Winding Up Asset Sale Despite Creditor Opposition

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In a significant decision from the Commercial Division of the Supreme Court of Bermuda, Justice Shade Subair Williams has provided important clarification on the standards applicable when courts are asked to sanction...more

Morgan Lewis

Singapore High Court Allows Creditor’s Challenge Against Liquidator's Admission of Another Creditor's Proof of Debt

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In the recent case of Park Hotel Group Management Pte Ltd v Aw Eng Hai (in his capacity as a joint and several liquidator of Park Hotel CQ Pte Ltd (in liquidation) and others [2025] SGHC 97, the General Division of the High...more

Carey Olsen

Fraud, Asset Tracing and Recovery 2025 - British Virgin Islands (Commercial Dispute Resolution, CDR)

Carey Olsen on

This guide explores the latest legislative, regulatory and enforcement developments in the British Virgin Islands and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a...more

Conyers

Holt the Press! Developments in SPC Restructuring

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Appointment of Restructuring Officers - In late 2023, in the case of Holt Fund SPC, the Grand Court ordered the first appointment of Restructuring Officers over particular segregated portfolios of a segregated portfolio...more

IR Global

Intercontinental Resolution: Cross-Border Litigation and Asset Recovery Flowing from Africa to the United States and Europe

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As international commerce deepens its roots in emerging markets, the legal consequences of commercial disputes often transcend borders – nowhere more so than in Africa. With 54 countries each boasting their own legal systems...more

Carey Olsen

Cayman Islands Litigation Guide 2025 (Chambers)

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The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

Walkers

Grand Court clarifies requirements for leave to proceed with a counterclaim against a company in official liquidation

Walkers on

The Grand Court has clarified that, where a company in official liquidation commences proceedings claiming that it holds certain rights, in order for the defendant to proceed with a counterclaim asserting that it is the true...more

Conyers

Top 5 Bermuda Publications of 2024

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In Bermuda, our most popular posts and publications provided updates from our Corporate practice, particularly regulatory changes and insurance insights, along with reflections on private client matters and litigation....more

Conyers

Cayman Islands Litigation: Reflecting on the Year 2024

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As the Grand Court of the Cayman Islands is set to close for 2024, we reflect on some of the large-scale cross-border insolvency and restructuring proceedings and complex commercial disputes dealt with in the jurisdiction...more

Conyers

All Good Things Must Come to an End: The Cayman Islands Court of Appeal Provides Helpful Guidance on Dissolution Orders

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Frequently obtained, but rarely challenged, dissolution orders are an important final step in the process of liquidation. Dissolution represents the end of an official liquidation and the end of a company’s life. In a...more

Conyers

Responding to Regulatory Notices: A Litigator’s Perspective

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There are a variety of information gathering and other compulsory notices available to regulatory and enforcement agencies based in the Cayman Islands, as tools these agencies can draw on to carry out their functions. In this...more

A&O Shearman

Sanction for scheme of arrangement refused by Hong Kong court: Key takeaways

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Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more

Conyers

Cayman Islands Restructuring: Obtaining Consent in a Crisis

Conyers on

Although there are occasions when formal insolvency proceedings are unavoidable, there are many cases where a consensual, out-of-court approach is more appropriate and desirable. We are often engaged to assist creditors,...more

Conyers

The Effect of Subordination Agreements in the Event of Insolvency

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Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more

Conyers

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230...

Conyers on

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the...more

Conyers

Cayman Islands Litigation: Reflecting on the Year 2023

Conyers on

As the Grand Court of the Cayman Islands reopens for 2024, we reflect on 2023 and some of the large-scale cross-border insolvency and restructuring proceedings, and complex commercial disputes dealt with in the jurisdiction...more

Mayer Brown

Unravelling the Legal Landscape: Key Highlights of Company Litigation Developments in Hong Kong in 2023

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Here we present a concise summary of significant cases and developments in company litigation in Hong Kong in 2023. Highlights include: 1. Subject company's participation in unfair prejudice proceedings: The Court once...more

Conyers

Cayman Islands Litigation: The Rise of Alternative Dispute Resolution

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On 29 November 2023, the English Court of Appeal delivered an important judgment in Churchill v Merthyr Tydfil County Borough Council et al [2023] EWCA Civ 1416 (“Churchill”) which aligns with a wider trend in embracing a...more

Conyers

Frozen Crypto Assets and a Dissolved Company: The EC Court of Appeal’s Application of Convoy Collateral

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In its seminal decision in Broad Idea International v Convoy Collateral [2021] UKPC 24 (“Convoy”), a case which had its genesis in the BVI Commercial Court, the Privy Council delivered a ground-breaking exposition of the law...more

Conyers

Cayman Court Exercises Inherent Jurisdiction to Restore a De-Registered Company

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In a recent judgment Re Cradle Holdings Inc. (FSD 318 of 2022, unreported, 4 September 2023), the Chief Justice of the Cayman Islands ruled on the novel issue as to whether and by what route a company which has been...more

Conyers

Important Takeaways for Bondholders: Do They Have Rights as Contingent Creditors?

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The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported) (the “Shinsun Judgment”) in which the court determined the ultimate...more

Conyers

The Grand Court of the Cayman Islands: reflecting on the year 2022

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As the Grand Court of the Cayman Islands reopens for 2023, it is a good time to reflect on what transpired in 2022. A review of the filings made in the Grand Court throughout 2022 shows a very significant number of cases...more

American Conference Institute (ACI)

[Virtual Event] Fraud, Asset Tracing and Recovery - Geneva - March 23rd - 25th, 12:15 pm - 5:15 pm CET

The 15th Fraud, Asset Tracing & Recovery Conference – Geneva has been reimagined for 2021 and will take place in a virtual format!... The programme will stay true to its raison d’être-continuing to stand apart as the...more

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